CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 (25 November 2019) (Mortimer, Derrington and Steward JJ)


Catchwords:


MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Immigration Assessment Authority (IAA) – where IAA affirmed decision of delegate of the first respondent not to grant appellants protection visas – whether second appellant’s personal claim raised before IAA was “new information” for purposes of s 473DD of the Migration Act 1958 (Cth) – whether IAA adopted unduly narrow approach to meaning of “exceptional circumstances” in s 473DD – whether Authority must consider criteria in subss (b)(i) or (ii) of s 473DD in reaching satisfaction in relation to “exceptional circumstances” in subs (a) – appeal dismissed